TEXAS HISTORICAL COMMISSION PRESERVING HISTORIC CEMETERIES€¦ · cemeteries perpetuate the memories of the deceased, who bequeathed to their communities the amenities that give

TEXAS HISTORICAL COMMISSION

Cemeteries are among the most valuable of historic

resources. They are reminders of various settlement

patterns, such as villages, rural communities, urban

centers and ghost towns. Cemeteries can reveal

information about historic events, religion, lifestyles

and genealogy.

Names on grave markers serve as a directory of early

residents and reflect the ethnic diversity and unique

population of an area. Grave marker designs and

cemetery decoration and landscaping represent a

variety of cultural influences that helped shape the

history of Texas.

Established in large part for the benefit of the living,

cemeteries perpetuate the memories of the deceased,

who bequeathed to their communities the amenities that

give a place character and definition. In communities

that have a strong sense of history, people are more

likely to protect and maintain cemeteries.

PRESERVINGHISTORIC CEMETERIESTEXAS PRESERVATION GUIDELINES


Angels are among the mostcommon images found incemeteries.

nfortunately, historic cemeteries do not necessarily remain permanentreminders of our heritage. They aresubject to long-term deterioration from

natural forces such as weathering and uncon-trolled vegetation. Neglect accelerates and com-pounds the process. Development activities andconstruction projects are also a threat to theseprecious resources. Vandalism and theft continueto plague both rural and urban burying groundsacross the nation.

With this booklet, the Texas HistoricalCommission (THC) presents steps to aid in thepreservation of the state�s historic cemeteries.None of these steps, however, will be successful without the involvement of individuals who have an interest in local culture and history and a commitment to saving the physical remnants of Texas� heritage that are present inour communities.

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Cover: The grave site of Texas heroStephen F. Austin can befound at the State Cemetery in Austin.

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CEMETERY LAWS

Neither the Texas Historical Commission (THC)nor any other state agency enforces cemeterylaws. This responsibility belongs to county andmunicipal law enforcement officials. If a ceme-tery is being vandalized or destroyed, contactyour county sheriff or local police department. Enlist the support of other individuals or groups,including the county commissioners court, localmedia, county historical commission, localpreservation societies or family members of individuals interred in the cemetery.

Following are some of the state and local laws orcourt decisions regarding cemeteries. They pro-vide an overview of the legal steps that havebeen successful in preserving some of the state�sburial grounds. This information does not takethe place of legal counsel. Consult the county orcity attorney or other legal counsel for moreinformation about laws related to cemeteries inTexas. Most of the Texas laws regarding ceme-teries are in Chapters 694-715 of the Health and Safety Code.

Perpetual Care

Chapter 712 of the Health and Safety Code covers the operation of perpetual care cemeter-ies, which the Banking Department of Texas regulates.

Ownership

Section 711.021 of the Health and Safety Codeallows nonprofit corporations to establish, manage,maintain, improve or operate a private cemetery.

Property dedicated to cemetery purposes and usedas a burial ground may not be sold in such a manner as to interfere with its use as a cemetery.State v. Forest Lawn Lot Owners Assn., 254S.W.2d 87 (Tex. 1953). However, such propertymay be conveyed in fee simple as long as it is still

used as a cemetery and the grantee continues tomaintain the cemetery for the benefit of the public. Barker v. Hazel-Fain Oil Co., 219 S.W.874 (Tex. Civ. App. � Fort Worth 1920, writ ref�d).

A living person who has relatives buried in agraveyard does not, by that fact, own the land orplots in which they are buried. That person can,however, visit, ornament and protect the gravesfrom desecration even if he or she must crossprivate property to do so. Gibson v. BerryCemetery Assn., 250 S.W.2d 600 (Tex. Civ. App.� Dallas 1952, no writ).

Dedication

Section 711.035(f) of the Health and SafetyCode states that once property is dedicated forcemetery use, it cannot be used for any otherpurpose unless the dedication is removed by adistrict court or the cemetery is enjoined or abated as a nuisance.

Section 711.010(a)(b) amends Chapter 711 bystating that improvements to property that woulddisturb an unknown or abandoned cemetery maynot be carried out until the remains are removedunder a written order issued by the State Registraror their designee under Section 711.004(f). Theproperty owner may petition the district courtwhere an unknown or abandoned cemetery islocated to remove the dedication for cemeterypurposes and the court shall then order theremoval of the human remains from the cemeteryto a perpetual care cemetery.

Section 711.011(a)(b) further amends Chapter711 by stating that a person who discovers anunknown or abandoned cemetery shall file noticeof the cemetery with the county clerk of thecounty in which it is located, documenting theland on which it is found by way of descriptionas well as an approximate location of the cemetery and the evidence of the cemetery thatwas discovered. There are no fees associated with this filing.

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Texas courts have said that no special ceremonyor record is required to dedicate a cemetery;actual use as a cemetery is sufficient for dedica-tion. Damon v. State, 52 S.W.2d 368 (Tex.1932). Enclosure of land for use as a cemeteryand evidence of burial are among the criteriafor dedication. Smallwood v. Midfield Oil Co.,89 S.W.2d 1086 (Tex. Civ. App. � Texarkana1935, writ dism�d).

Abandonment

The fact that the remains of the dead buried in acemetery have not been removed and that tomb-stones mark the places of burial is sufficient toshow that the cemetery has not been abandoned.Michels v. Crouch, 122 S.W.2d 211 (Tex. Civ.App. � Eastland 1938, no writ). In Markgraf v.Salem Cemetery Assn., 540 S.W2d 524 (Tex. Civ. App. � San Antonio 1976, no writ),the court decided that land outside a cemeteryfence was not abandoned because several graveswere still evident.

Petition for Guardianship of aHistoric Cemetery

Chapter 715 of the Health and Safety Code statesthat a nonprofit corporation may be organized torestore, operate and maintain a historic cemeteryby following a procedure set forth in these laws.

Vandalism appears to be on the increase in cemeteries across the state. The threeindividuals who vandalized this HaysCounty cemetery were apprehended andbrought to trial. All individuals wereindicted and received judicial punishment.The gravestones were reinstalled, but someof them suffered permanent damage.

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This chapter offers an excellent way for privatecitizens to restore a historic cemetery and gainlegal custody over it to ensure its continued preser-vation. The procedure requires a court to approvethe establishment of a conservatorship over thecemetery, so it may require the services of an attor-ney. If you need additional information about theprocedure, the THC can provide assistance.

Local Cemetery Laws

Sections 694.003 and 713.001 of the Healthand Safety Code provide that Type A general law municipalities may regulate burial of thedead and may purchase, establish and regulate a cemetery. The municipal government mayenclose, regulate and improve cemeteriesbelonging to the city.

Section 713.002 of the Health and Safety Codegenerally provides that any city or town thatowns or has control of any cemetery has thepower to maintain the cemetery.

Section 713.009 of the Health and Safety Codestates that a city with a cemetery within itsboundaries or jurisdiction may take possessionand control of the cemetery on behalf of the public health, safety, comfort and welfare.Perpetual care cemeteries and private familycemeteries are exempt from this section.

Section 713.021 of the Health and Safety Codestates that a (county) commissioners court byresolution may establish a perpetual trust fund toprovide maintenance for a neglected or unkeptpublic or private cemetery in the county. Thecommissioners court shall appoint the countyjudge as trustee for the fund.

Section 713.028 of the Health and Safety Codestates that a commissioners court may use publicfunds, county employees and county equipmentfor the maintenance of certain cemeteries forpurposes of historic preservation (cemeterieswith graves more than 50 years old) and protec-tion of the public health, safety and welfare.

Access

Section 711.041 of the Health and Safety Codestates that any person who wishes to visit acemetery that has no public ingress or egressshall have the rights for visitation during reason-able hours and for purposes associated withcemetery visits. The owner of the lands sur-rounding the cemetery may designate the routesfor reasonable access.

The validity of section 711.041 has been calledinto question. The owner of a cemetery chal-lenged the right of access under sec. 711.041 as ataking of his property. In Meek v. Smith, 7 S.W. 3d297 (Tex.Ct.App.�Beaumont 1999, no pet.), thecourt held that Section 711.041 constitutes anunconstitutional taking of property without justcompensation as applied to the owners of propertynear a cemetery. However, the general applicabili-ty of this decision is in doubt. The court held thelaw unconstitutional only as applied to the facts ofthis case. Further, the state was not a party to thecase, as it usually is when the constitutionality ofa state law is challenged. Other issues, such as aright of access through a prescriptive easement oreasement by adverse possession were notconsidered in the appeal.

Criminal Mischief

Section 28.03(f) of the Texas Penal Code provides that an offense involving damage ordestruction inflicted on a human burial site is astate jail felony.

Desecration

Section 42.08 of the Texas Penal Code states thata person who intentionally or knowingly disin-ters or disturbs a human corpse has committed aClass A misdemeanor.


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Section 711.0311 of the Health and Safety Codestates that a person who destroys, damages orremoves remains of a decedent or obliterates,vandalizes, or desecrates a plot or repository ofremains has committed a felony of the thirddegree. It further states that a person who com-mits any of the following acts has committed aClass C misdemeanor: defaces, vandalizes,injures, or removes a gravestone, monument, or other structure commemorating a deceasedperson or group of persons, whether locatedwithin or outside of a cemetery; obliterates, van-dalizes, or desecrates a park or other area clearlydesignated to preserve and perpetuate the memo-ry of a deceased person or group of persons; obliterates, vandalizes, or desecrates plants,trees, shrubs, or flowers located on or around acemetery; obliterates, vandalizes, or desecratesa fence, rail, curb, or other structure of a similarnature intended for the protection or for the ornamentation of any plot, gravestone, monu-ment, or other structure of similar character. The person found guilty of committing such anoffense shall provide restitution to the cemeteryorganization for the amount of any damagecaused by the person.

Graffiti

Section 28.03 (a)(3) & (f) and Section 28.08 (a) &(d) of the Texas State Penal Code provide that anoffense involving graffiti on a �place of humanburial� is a state jail felony.

Theft

Section 31.03(e)(4)(b) of the Texas Penal Codeprovides that an offense under this section is astate jail felony if, regardless of value, the prop-erty is stolen from the person of another or froma human corpse or grave.

In addition to state or local laws, other methodsto protect historic cemeteries exist. Under certain circumstances, federal authorities can become

involved in matters pertaining to the relocationor destruction of burial grounds.

STATE ANTIQUITIES CODEINVOLVEMENT

If a historic cemetery is publicly owned by a stateagency or political subdivision of the state (coun-ties, cities, utility districts, etc.), the burials areprotected as archeological sites under theAntiquities Code of Texas (Title 9, Chapter 191of the Texas Natural Resources Code of 1977,revised Sept. 1, 1997). To some degree, the head-stones associated with interments may also beprotected, either as part of the archeologicaldeposits or as separate architectural features asso-ciated with the site as a whole. According to theAntiquities Code, no such deposits may be�removed, altered, damaged, destroyed, salvaged,or excavated without a contract with or permit�from the Texas Historical Commission (THC),the state agency that administers the AntiquitiesCode (Section 191.093).

State agencies and political subdivisions of thestate must notify the commission before a pub-licly owned cemetery that is 50 years old or oldercan be altered beyond on-going maintenance anddaily cemetery activities. The THC has devel-oped a policy that addresses both historical andarcheological concerns related to the preserva-tion and exhumation of historic graves.

The THC policy on historic graves and cemeter-ies calls for recordation, protection and preserva-tion whenever possible. Survey-level investiga-tions of these historic resources should includethe collection of historical archival data andarcheological data that assist in documenting thelocation and history of the grave(s) or cemetery(including the relative age and date range for theuse of the location), names of individual(s)buried at the site, location(s) of burial(s), and thehistorically platted boundaries and the actualboundaries of the cemetery or grave(s).


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Policy on Historic Grave Exhumation

When a cemetery or graves cannot be preservedin place, the data collection associated with theexhumation of graves that falls under the TexasHistorical Commission�s (THC) jurisdiction willbe based on the following policy:

■ Cemeteries or graves that are 50 years or olderare considered to be historic.

■ Unmarked graves are considered to be historicunless proven otherwise through historicalresearch.

■ If unmarked historic graves are between (or potentially between) the ages of 50 and 100years old, and no historical archival data can befound that identifies the individuals containedwithin the grave locations, the exhumations mustbe performed with the assistance of a physicalanthropologist or forensic pathologist who iscapable of gathering basic demographic data(i.e., sex, age, height, possible cause of death,etc.) from the human remains being exhumed.

■ Historic graves more than 100 years old mustbe exhumed by a professional archeologist withthe assistance of a physical anthropologist, orforensic pathologist who is capable of gatheringbasic demographic data from the human remainsbeing exhumed. Additionally, casket morphology,casket hardware and any grave goods (i.e. graveofferings, clothing items, personal objects) mustbe examined and identified in a report. Note:This policy applies to both marked andunmarked graves unless otherwise indicated bythe THC�s Archeology Division.

■ Unless otherwise specified, all physical anthro-pological investigations of human remains thatfall under the THC�s jurisdiction will use non-invasive techniques. If invasive techniques areproposed, the wishes of living descendants shallbe solicited and their wishes shall be honored.

■ Grave goods will be reburied with the humanremains after they have been documented.

■ All exhumations of graves shall comply withany other laws that pertain to the exhumation ofhuman remains.


Homemade headstones are fashioned fromvarious materials, including cast stone

(concrete), metal and wood. This markeris located in northwest Texas.

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■ Decisions regarding the appropriateness of thereburial of human remains will be made in con-sultation with the Texas Historical Commission(THC), but the THC has no formal role in deci-sions about the methods or ceremonies associat-ed with reburials.

Cemeteries on public land can also be officiallydesignated as State Archeological Landmarks. For designation information, contact the TexasHistorical Commission, P.O. Box 12276, Austin,TX 78711, 512/463-6096.

FEDERAL 106 INVOLVEMENT

Several federal laws protect cultural resources inthe United States; however, the National HistoricPreservation Act of 1966, as amended, is thestatutory tool for protecting cultural resources.The Act promotes a national policy to preservehistoric properties, significant historic and prehis-toric sites, buildings and objects that are eithereligible for or listed in the National Register ofHistoric Places. Section 106 of the NationalHistoric Preservation Act requires federal agen-cies that fund, license, permit or approve con-struction or similar projects to consider the effects

of the undertakings on historic properties. Section101(b)(3) of the Act states that one of the respon-sibilities of the State Historic Preservation Officer(in Texas, the officer is the executive director ofthe THC) is to advise and assist federal agenciesin carrying out their historic preservation respon-sibilities and to ensure that all are taken into consideration at each level of planning and development. Cemeteries are one kind of culturalresource that must be considered by federal agencies during such an undertaking. The 1980and 1992 amendments to the Act further reinforcecemetery protection measures by requiring federalagencies to develop preservation programs foridentifying and protecting historic properties, andby expanding and maintaining the NationalRegister of Historic Places in a way that considersthe preservation of their historical, archeological,architectural and cultural value.

The State Historic Preservation Office (SHPO) at the THC includes four divisions that reviewand monitor federal projects and consult withindividuals and agencies as needed: theArcheology Division, the Architecture Division,the Community Heritage Development Division

Hispanic influence is evident in this PresidioCounty Cemetery.

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CLEANING STONE

Before cleaning any stone, carefully check itscondition. If the surface readily falls away, oryou notice other conditions that indicate thestone is brittle or vulnerable, do not clean it.Cleaning may irreparably damage the surface.

The Cleaning Process

1. Use a non-ionic soap. One of the most readi-ly available soaps is Orvus®, commonlyused in association with horse and sheep hus-bandry. It can be found in feed stores. Mix asolution of one heaping tablespoon ofOrvus® to one gallon of clean water (itcomes in either liquid or paste form).

2. Pre-wet the stone thoroughly with cleanwater and keep the stone wet during theentire washing process.

3. Thoroughly wash the wet stone using naturalbristled, wooden handled brushes of varioussizes. The use of plastic handles is not rec-ommended, as color from the handles mayleave material on the stonethat will be very difficult toremove.

4. Be thorough. Wash all sur-faces and rinse thoroughlywith lots of clean water.

5. When cleaning marble orlimestone, one tablespoon ofhousehold ammonia can beadded to the above mixtureto help remove some greasesand oils. Do not use ammo-nia on or near any bronze orother metal elements.

6. Lichens and algae can be removed by firstthoroughly soaking the stone and then usinga wooden scraper to gently remove the bio-logical growth. This process may need to berepeated several times.

7. Not all stains can be removed. Do not expectthe stones to appear new after cleaning.

8. Do not clean marble, limestone or sandstonemore than once every 18 months. Everycleaning removes some of the face of thestone. However, occasionally rinsing withclean water to remove bird droppings andother accretions is acceptable.

9. Keep a simple treatment record of the clean-ing, including date of cleaning, materialsused and any change in condition since lastcleaning (such as missing parts, graffiti andother damage). These records should be keptat a central location where the condition ofthe stones can be monitored over time.

Developed from data supplied by John R. Dennis,Dallas Museum of Art Conservation Lab.


Family member cleans a stone at Oakwood Cemetery in Austin.

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and the History Programs Division. They evalu-ate all sites, including cemeteries, for their eligi-bility for inclusion in the National Register ofHistoric Places.

These preservation laws can affect cemeteries if they are within the boundaries of a federalproject area, if they have been determined to beeligible for inclusion in the National Registerand if they are to be affected by the developmentproject in some manner. Sometimes cemeteriesin a project area must be moved. The move ismade according to policies developed by the federal agency in consultation with the SHPOand any interested parties.

The agency involved is usually requested to haveprofessional archeologists make a map of thecemetery and document the gravestones and anyother features (depressions, fencing and plant-ings) associated with the cemetery. Archeologistsand physical anthropologists may be present toidentify and study human remains and grave artifacts during manual excavation of theinterment. Often information is recorded fromthe gravestones to provide historical documentation, such as the length of occu-pancy of a land tract or ethnic affiliations inthe community. This documentation canassist archeologists and historians ininterpreting other historic properties withina federal project area.

For questions involvingpossible federalinvolvement in projects that will affecthistoric cemeteries,contact the HistoryPrograms Division and the ArcheologyDivision of the TexasHistorical Commission(THC).

PROTECTION FOR HISTORICCEMETERIES

Communities can begin to protect historic ceme-teries by documenting their locations. Enlist thesupport of county historical commissions,genealogical societies, Junior Historian chapters,scout troops or area historical societies. The U.S.Geological Survey publishes topographical mapsthat identify sites such as cemeteries. Countymaps, available from the Texas Department ofTransportation, also identify the locations ofknown cemeteries. These resources are availableat various sites, including the following:http://mapping.usgs.gov/http://topozone.com/http://txdot.lib.utexas.edu/

Do not overlook older maps found in librariesand archives � often information is changed ornot transferred when maps are updated. Somecemeteries are small and unmarked. These are


Theft of cemetery urns and other

ornamental items is anincreasing problem.

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often difficult to locate. Talk to the older peoplein the community for their recollections of burialgrounds. These oral histories often are an invalu-able aid to locating small family plots.

Once located, historic cemeteries can againbecome an integral part of the community. Stageperiodic clean-up days or run short columns inthe local paper about the lives of individuals orfamilies buried in the cemeteries. Encourage stu-dents at all levels to explore cemeteries and writeessays about tombstone designs, burial customsor community history, including infant mortality,local epidemics or catastrophic events.

In all cases, however, balance common sensewith practical considerations. There are timeswhen publicizing the location of a cemetery isdetrimental to its preservation. Vandals can desecrate secluded cemeteries that are locatedaway from the eyes of the protective community.Keep statistical and historical information readilyavailable for public use, but be discreet about theexact location of vulnerable cemeteries.

National, state and local historical markers provide a focal point for drawing public attentionto cemeteries. Historical markers provide anoverview of the individual or institutions associ-ated with a site. For information on the variousoptions for historical markers through theHistoric Texas Cemetery designation programor the National Register of Historic Places, contact the Texas Historical Commission�s(THC) History Programs Division at 512/463-5853 or [email protected].

Historical markers, cemetery clean-up days andpublicity efforts are tools that will increase public awareness of these important culturalresources. Such awareness and education areamong the best ways to guarantee the preserva-tion of a cemetery.

Prehistoric grave sites contain fragile, easilydestroyed remains that tell us about our past.Investigation by qualified archeologists is neces-sary if the history in these sites is to be properly

preserved. Questions about prehistoric gravesites should be addressed to the THC�sArcheology Division at 512/463-6096 or [email protected].

WHAT TO DO IF A CEMETERY IS BEING DESTROYED

Should you see a cemetery being disturbed byvandals, looters or construction equipment,whether or not it is marked by headstones or afence, call local law enforcement authorities atonce. State laws protect cemeteries and provide a legal framework for removing the graveremains in a dignified manner. All burials mustbe removed according to legal statutes before thelandowner can use the property for any other purpose. The same protection applies to isolatedburials. However, you may know more aboutobscure cemetery statutes than the authorities, so be sure to inform them of pertinent cemetery laws.

After contacting local law enforcement authori-ties, notify the county historical commission,local heritage society, newspaper and the THCabout the destruction of a cemetery. Stayinvolved. Do not condone the willful destructionof cemeteries with silence or by turning a blindeye. The memory of those who have lived beforeus should not be forsaken for reasons of expedi-ency or economics.

There are times when criminal action is notappropriate. A civil lawsuit may be the onlymeans of resolving a conflict involving a ceme-tery. For instance, a county historical commissionin Central Texas undertook a survey of the his-toric cemeteries in its area. Several years later, the fence and gravestones surrounding one of thesurveyed family cemeteries were removed. No stones remained to provide evidence of the graveyard; thus, only the survey proved thecemetery�s existence. Since the site was beingconsidered for development, the records of thecounty historical commission were crucial to the


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future disposition of the land. In this case, thedescendants of those interred in the cemeteryfiled suit and were compensated in an out-of-court settlement.

In Collin County, a cemetery occupied a primelot in one of the largest residential developmentsin Texas. Developers petitioned the court toremove the cemetery�s dedication so that theremains and stones could be moved to a perpetualcare cemetery. A local preservation group, alongwith the descendants of those buried in the ceme-tery, led a vocal protest that received wide newsmedia attention. The court decided the cemeteryshould remain in its original site. With the ceme-tery now preserved, the new residents of thedevelopment can appreciate the cemetery as areminder of their local heritage.

While it is disturbing to lose cemeteries to devel-opment pressures, it is perhaps even more dis-turbing to lose them to criminal acts of vandalismand looting. Vandalism can range from intention-ally pushing over gravestones to spray painting

graffiti on cemetery chapel walls. The demand bycollectors for vintage artifacts and architecturaland landscaping antiques has contributed to theincreasing disappearance of elaborately carvedgravestones, sculptures, urns, finials, benches,gates and fencing from our cemeteries. Thisdemand also leads to the digging and looting ofgraves for valuable objects such as jewelry,firearms, buttons and buckles.

If a cemetery is destroyed, use that fact as a rallying point for the preservation of a community�sremaining cemeteries. Nothing can substitute forthe preservation efforts of individuals. You andother interested people and groups must develop an active role in the preservation of local ceme-teries today in order to walk among the gravestonesand read the tender thoughts of enduring humanemotions tomorrow.


One of the best ways to protect cemeteries is to educate our school children. They are ourfuture preservationists. Lessons can be developed using scavenger hunts to teach history, art, math, geology and sociology.

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CEMETERY RESTORATION

Even though the most disturbing threats to anycemetery are the acts of vandalism and theft that may be directed against grave markers ortombs, simple neglect of maintenance is perhapsa more common and damaging problem. To assist in cemetery restoration, the TexasHistorical Commission (THC) makes the follow-ing suggestions:

Get Permission

Find out who has legal jurisdiction over thecemetery and get written permission for restora-tion. If it is on public land, contact the federal,state or local government entity with the author-ity to protect the property. If the cemetery is onprivate land, contact the landowner or his/herrepresentative and negotiate access, in additionto obtaining the necessary written permission.Cemetery associations govern many Texas cemeteries. If a cemetery association is involved,become familiar with its rules and regulations. Ifa cemetery is not clearly established in the county deed records, consider recording its existence therein as provided for in Section711.011(a)(b) of the Health and Safety Code asdescribed under Cemetery Laws in this booklet.This may be the single most valuable act ofpreservation for any cemetery.

See page 18 in this booklet for information on one process for recording a historic cemetery in the county deed records, the Historic Texas Cemetery designation.

Security

Before any plans are made for restoration, makethe cemetery secure. Contact law enforcementofficials and ask them to add the cemetery totheir route patrols. Request their advice whencreating security measures for the cemetery.Develop a good relationship with the local policedepartment or sheriff�s office.

Contact neighbors living near the cemetery. Ask them to report any suspicious activity to thepolice. Let the neighbors know that an effort isunderway to restore the cemetery and tell themwho to contact if they notice any problems.

If a historic fence is not in place, erect appropri-ate fencing that will keep livestock out of ruralcemeteries (livestock can knock down and tram-ple gravestones) and deter vandals from enteringurban cemeteries, while allowing people to seein (vandals and thieves prefer high, solid fencesthat hide their illegal activities). When appropri-ate, use lights to illuminate the dark corners ofthe cemetery.

Do not restrict access to cemeteries, but considerposting rules and regulations. Post signs atentrances to let visitors know who to contact foraccess, and to show that the cemetery is maintained.

Survey and Inventory

In order to fully document a cemetery, gravemarkers, fences and buildings must be invento-ried. Following is one method to inventorycemeteries.

■ Create a map of the cemetery grounds thatincludes the location of trees, bushes, fences,gates and other landscape features. Note thelocation and orientation of each grave marker,mausoleum, crypt and monument. Include theorientation of all marked and unmarked graves.Assign each physical feature (headstones, foot-stones, fences, benches, etc.) a control numberthat will tie together the written, photographicand map records. A sample map is located onpage 21.

■ Make a written record that includes the fol-lowing information: control number, date ofrecord, name of cemetery, type of marker (head-stone, footstone, crypt, obelisk, etc.), size ofmarker, description of material used to make themarker (limestone, granite, marble, wood, iron,zinc, etc.), condition of the stone, name of


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deceased, vital dates, description of carving,exact inscription and any other identifying characteristics. The sample survey form is onpage 19. Definitions of terms used in the formare on the back.

■ Record each headstone in a systematicmethod. Divide the cemetery into sections andrecord the graves down the rows. After complet-ing a section, spot check it to make sure nothingwas missed. Have another person recheck therecorded information against stones to make sureno errors are in the transcription.

■ In order to read partially obscured inscrip-tions, try recording information in the morning.Most grave markers face east. The morning sunmay make inscriptions more legible. When it isnot practical to record in the morning, use a mir-ror to angle the sun onto the grave marker toilluminate indistinct letters and numbers. Never

use chalk, talc, flour, shaving cream, etc. as anaid to reading inscriptions on the face of a stonegrave marker. Contrary to popular belief, thesetreatments do not always wash away and maycontain chemicals, oils, emollients or bacteriathat can damage the delicate stones.

■ If time and money allow, photograph thegrave marker, labeling the photograph with thecontrol number. It is best to use 35mm, blackand white slow speed film (about 100 ASA).Black and white photographs do not fade asquickly as color photos, and the slow speed filmusually provides a sharper image.

■ If a computer is available, the inventory infor-mation can be easily stored and retrieved usingword processing or data base software.Programming may be available from members of a community computer club or a computerstudent needing a challenging project.

Master Plan

Before a blade of grass is cut, before a stone isleveled, before any work is done, it is essentialthat a master plan for the restoration of thecemetery be developed. The master plan will actas a framework for restoration activities. Once itis developed, the interrelationships among thedifferent elements of the cemetery can be exam-


Careful planning and the proper equipment should be used when movingheadstones and curbing. Stones can weigh up to 165 pounds per cubic foot.Here, the curbing of the WhartonMonument at the State Cemetery in Austinundergoes restoration.

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ined. A step-by-step guide will identify the scopeof the work as well as necessary workers neededto perform it. Some projects may be handled bytrained volunteers while others will require pro-fessional expertise. The plan should attempt toestimate accurately how much money is requiredfor services and materials. Additionally, the mas-ter plan should include goals, priorities and arealistic time frame for the completion of allproject work.

When creating the master plan, consider the cus-toms of those buried in the cemeteries. Oftencemeteries contain burials from many differentethnic and religious groups with diverse burialcustoms. Cemeteries are an expression of a com-munity, including the varied cultural beliefs thatmake the community unique. Respecting thedead means extending that respect to their livingdescendants. Input from relatives and other inter-ested individuals should be solicited.

Realistically evaluate the skills of the volunteersworking on the restoration. Some aspects of theproject will be better left to professionals.Archeologists, architects, historians and land-scape architects are examples of the types of pro-fessionals who could be useful to a cemeteryrestoration project.

Take into consideration all the aspects of thecemetery and how they will interact. Will grad-ing a road create runoffs that might undermine amonument foundation? Will cutting down a treeincrease deterioration of a neighboring gravemarker? Will stone repair accelerate naturalweathering? Consider all these questions andmore. Develop a philosophy of �cemetery ecolo-gy� and incorporate it into your master plan. Inaddition, the adage �If it ain�t broke, don�t fix it�is generally true when applied to cemeteryrestoration. Some of the worst restoration disas-ters have been brought about by well-intentionedimprovement attempts.

Conservation and Repair

Historical grave markers, fences and structuresare delicate artifacts that must be repaired withcare and expertise. Modern repair methods andmaterials will often harm items created 50 ormore years ago. Specially trained craftpersonsand conservators should undertake most repairs;however, careful volunteers can repair some artifacts within cemeteries.

Grave Markers

Most historic grave markers in Texas are carvedfrom one of three different types of stone: marble, limestone or sandstone. These stones are relatively soft and easy to carve; as a result,they were used extensively in Texas cemeteriesduring the 19th and early 20th centuries.Unfortunately, because these stones are soft, they are more susceptible to the effects of weath-ering than harder stones such as granite.

Before beginning any treatment on a gravestone,check it for soundness. Is the surface grainy andcrumbling? Are there any large cracks? Are thevertical strata of the stone separating into sheetsand flaking off? If the stone has any of theseproblems, or appears in any other way to beunsound, do not clean or repair it. The stone willrequire expert care from a stone conservator.

If the stone appears to be sound, cleaning andsimple repairs may be possible. Test any treat-ment on a small, hidden portion of the stone.Wait a few days or weeks and evaluate the results. If the test is successful, begin cleaningthe whole stone.

A stone�s appearance can be greatly improvedwith a simple cleaning. Follow the cleaninginstructions highlighted in this brief.


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Do not apply portland cement, chemical cleaners(besides those mentioned) or sealants. Do notuse metal bolts or braces. Do not sink stones intoconcrete. Never sandblast a gravestone or sprayit with an excessive force of water.

Other Restoration Concerns

Grave markers are the focal point of most ceme-teries and are given the first consideration whenrepairs are required; however, don�t forget otherhistoric cemetery features such as gates, fences,chapels, tabernacles, mausoleums, crypts, grave-houses and even historic landscaping. Consult

with a preservation architect or other specialistsbefore restoring these complex structures orcemetery features.

Maintenance

Once a cemetery has been carefully restored,attention must focus on proper maintenance.Clear brush by hand when possible. When handcleaning is impractical, use hand mowers, butnot close to the gravestones. For close work, usehand tools.

Be careful when using pesticides, herbicides and fertilizers. Acidic chemicals can deteriorate limestone, sandstone and marble, while alkalinechemicals can deteriorate granite. In mostinstances, organic methods of eradicating weedsand pests are better than chemical methods. Do not burn brush or rubbish near cemeteries.Uncontrolled fire could severely damage grave-stones and destroy wood markers or structures.

Funding

Funds for the care of historic cemeteries are par-ticularly difficult to obtain. However, fundingis one of the most important tasks in preservingcemeteries, since much of the restoration andmaintenance of old grave markers and cemeterystructures can be costly.

Do not reattach or set gravestones or gravestonefragments into concrete. Concrete is much harderthan the gravestones, expands and contracts at a different rate and resists movement of water, causing additional deterioration. Concrete permanently adheres to the historic stones and can negatively affect their appearance.

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Here are a few suggestions:

■ Form a nonprofit cemetery organization.

■ Solicit donations from descendants of thedeceased buried in the cemetery.

■ Research bank records for unused trust fundsdesignated to maintain specific graves.

■ Request help from county commissionerscourts and city councils. Though they may notbe able to allocate funds, they may be able to usecounty or city equipment and personnel to main-tain cemeteries for health and safety reasons.

■ Request donations from associated businesses,including funeral homes and monument compa-nies. Businesses often look for ways to �giveback� to the community.

With the money collected, establish a trust fundfor the care of cemeteries. The Parker CountyHistorical Commission has successfully estab-lished such a fund. It has also used standardcommunity fund-raising activities such as bakesales and rummage sales to raise money for therestoration and maintenance of historic cemeter-ies in the county.

Conclusion

Perpetual maintenance and community aware-ness are the best long-term solutions to the survival of any cemetery. The hard work ofrecording and restoring a cemetery may beworthless if the community is unaware of itsexistence. Cemeteries are lost to developmentand vandalism because only a few family mem-bers, if anyone, may know of their locations andimportance. The community as a whole can takean active part in the preservation, maintenanceand protection of local cemeteries. Civic organi-zations, church groups, scout troops and histori-cal societies all are potential assistants in effortsto care for cemeteries.

Educate city and county officials about cemeterypreservation issues. Inform state legislators ofthe need for stronger state laws. Elected officialsare not always aware of historic preservationproblems in the community and they will welcome input. A working knowledge of federal,state and local cemetery laws is essential, as isan effort to publicize attempts to protect and care for cemeteries when possible.

Keep the Texas Historical Commission (THC)informed of cemetery preservation projects taking place in the community. If you need additional help or information about preservingcemeteries, or if you would like an applicationfor the Historic Texas Cemetery designation,please contact:

Gerron HiteHistory Programs DivisionTexas Historical CommissionP.O. Box 12276Austin, TX 78711-2276512/475-4167FAX 512/[email protected]

Information on cemetery preservation can also befound at the THC web site: www.thc.state.tx.us.

References

The Boston Experience: A Manual for HistoricBurying Grounds. Reprinted by the Boston Parksand Recreation Department, 1993.

A Graveyard Preservation Primer by LynetteStrangstad. Published by the AmericanAssociation for State and Local History, 1988.

Preservation of Historic Burial Grounds(Information Series No. 76). Published by theNational Trust for Historic Preservation, 1993.

Texas Graveyards: A Cultural Legacy by TerryG. Jordan. Published by the University of TexasPress, 1982.

TEXAS HISTORICAL COMMISSION16

The Association for Gravestone Studies278 Main Street, suite 207Greenfield, MA 01301413/772-0836www.gravestonestudies.org

Save Texas CemeteriesKaren R. Thompson, Founding PresidentP.O. Box 202975Austin, TX 78720-2975512/258-5688www.rootsweb.com/~txstc

Printing of this publication was underwritten bythe Susan Vaughn Foundation, Inc.


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Fencing helps define the entrance to the cemetery, perimeter of the cemetery and individual family plots. These are illustrationsfrom various fence catalogues from the early20th century.

Above: Badger Wire & Iron Works, Milwaukee,Wisconsin

Left: Stewart Iron Works Company, Cincinnati, Ohio

Below: The Sedgwick Brothers Company, RichmondIndiana

Criteria

Two basic criteria govern the approval for theHistoric Texas Cemetery designation: (1) The ceme-tery must be at least 50 years old, and (2) deemedworthy of preservation for its historic associations.The very nature of a cemetery being a landmark of afamily�s or community�s presence is considered tovalidate the criteria of historical associations.

The Designation Process

Applicant researches the history of the cemetery, fillsout the application and develops or finds a map forrecordation.

Applicant submits application, attachments and processing fee of $25.00 to the THC.

THC staff reviews the application and attachments.THC staff may request additional information. Whenall of the material is in order, the staff will review theapplication and, upon approval, the Affidavit ofDedication will be mailed to the applicant.

Applicant takes Affidavit of Dedication to thecounty clerk for recording. The applicant will securecopies of the recorded document(s) indicating thevolume and page number or other recordation references and send it/them to the THC.

THC staff will issue the applicant a certificate uponreceipt of the copy/copies of the recorded Affidavit ofDedication. A cemetery or burial site that hasreceived the Historic Texas Cemetery designation isalso eligible to display the Historic Texas Cemeterymedallion and an optional name and date plaque orinterpretive plaque at the cemetery or burial site.Applications for these medallions and plaques areavailable upon request following the bestowing of theHistoric Texas Cemetery designation on a historiccemetery or burial site.

Historic Texas Cemetery policies are codified in Rulesof the Texas HistoricalCommission, Texas Govern-ment Code Chapter 442.

For information about alternate formats of this publication, contact the THC at 512/463-625-6255.

HISTORIC TEXAS CEMETERYDESIGNATIONA cemetery that is deemed worthy of recognition andpreservation for its historic associations is eligible tobe designated as a Historic Texas Cemetery.

Introduction

The Texas Historical Commission (THC) is the stateagency for historic preservation with the responsibilityof identifying, protecting and interpreting our histori-cal resources. The THC works with interested citizens,county historical commissions and heritage groups topreserve our historical resources, including cemeteries.Following are instructions that explain the criteria,research methods and documentation necessary toapply for a Historic Texas Cemetery designation.

Background

For many years, the THC has received telephone callsand letters from concerned citizens about the preser-vation of historic cemeteries that are located in bothurban and rural settings. With the expansion of manyurban areas, historic cemeteries are increasinglythreatened. Sometimes these cemeteries disappearover a long period of time with the removal of oneheadstone at a time, while others disappear completelyovernight. In rural areas, historic cemeteries arethreatened by the breaking up of large tracts of land for residential development, by the absence of fencing allowing livestock to topple and break upheadstones, and by the expansion of cultivated acreage.Cemeteries often are the last reminders of early settle-ments whose historical events, religion, lifestyles andgenealogy are threatened and could be lost forever.

Purpose

The Historic Texas Cemetery designation was developed to address the problem of the destructionand illegal removal of historic cemeteries in Texas.This designation cannot guarantee that a historiccemetery will not be destroyed, but official recogni-tion of these family and community landmarks high-lights their importance and promotes an attitude ofrespect and reverence by neighboring landowners*and the general citizenry and will encourage furtherpreservation of these unique resources.

*This designation does not restrict in any way the private owner�s use of the land adjacent to the cemetery.


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Name of Cemetery __________________________________ County ____________________________________________Location Ref. No. ___________________________________ Photo Date __________________________________________Name of Recorder ____________________________________ Negative No. ________________________________________Date of Recording ____________________________________

NAME(S):___________________________________________________________________________________________________________

Last First Middle

MARKER AND ASSOCIATED OBJECTS:❒ head ❒ tablet with slotted base❒ foot ❒ curbing ❒ crypt ❒ fencing ❒ slab ❒ other __________________________________________

MATERIAL:❒ granite ❒ concrete ❒ marble ❒ metal❒ limestone ❒ combination❒ sandstone ❒ other __________________________________________❒ wood

ORIENTATION (marker faces): ❒ N ❒ S ❒ E ❒ W ❒ NE ❒ SE ❒ NW ❒ SW

OVERALL DIMENSIONS: Width_________________ Height _________________ Depth __________________

CARVED SURFACES: ❒ front ❒ side panels❒ back ❒ end panels❒ top ❒ other __________________________________________

CONDITION OF CARVING:❒ mint ❒ traces ❒ clear but worn ❒ illegible❒ mostly readable ❒ underground

DESCRIPTION OF DESIGN:

OVERALL CONDITION:❒ soiled ❒ biological activity ❒ tilted/fallen/sunken❒ stained ❒ erosion ❒ open joints❒ delaminating ❒ blistering/flaking/scaling/powdering ❒ fragmented❒ graffiti ❒ cracked ❒ losses❒ other damage______________________________________________________________________________________❒ previous repairs____________________________________________________________________________________

RECORD INSCRIPTION:

Repairs (date)Work Performed

SAMPLE CEMETERY SURVEY FORM

Photo

"

"

DEFINITION OF TERMS USED IN SAMPLE CEMETERY SURVEY FORM

Condition of CarvingMint: carving is in perfect condition, as thoughit was just carved

Clear but worn: carving shows some wear butlegibility is not affected

Mostly readable: carving is difficult to readwithout directing light across the surface withthe aid of a mirror or a flashlight

Traces: parts of the carving are visible but diffi-cult to read or to determine the whole design

Illegible: none of the carving can be read

Underground: stone is laying face down orburied so carving cannot be read

Overall ConditionSoiled: the surface is covered with dirt but canbe easily washed off with water

Stained: the surface exhibits stains that cannotbe easily removed with water

Delaminating: the stone is splitting off in layers,similar to what happens when interior plywoodis subjected to moisture

Graffiti: designs not part of the original designare drawn, painted, sprayed or scratched on the stone

Biological activity: lichen, mold, or mildewfound on the surface

Erosion: sections of the stone are worn off, usually from wind or water

Blistering/flaking/scaling/powdering: small orisolated areas are missing or surface of the stoneis loose

Cracked: stone is cracked but not broken intoseparate parts

Tilted/fallen/sunken: the stone is not in its original alignment or is partly below the surface

Open joints: the mortar in the mortar joints ismissing

Fragmented: sections of the stone are brokeninto many parts

Losses: parts of the stone are missing, such as afinial (terminating detail on the top of the gravestone)

Previous Visible RepairsAdhesive repairs: repairs to the stone withepoxy or some other adhesive have not beencleaned off the surface following repairs (mayhave turned a butterscotch color because of ultra-violet light)

Replacement: total replacement of the originalstone which can be determined by the date ofdeath or the newness of the stone

Portland cement: a hard gray material improp-erly used to repair gravestones or encase frag-ments (this material is commonly used to con-struct sidewalks and foundations of buildings)

Coatings: used on some stones to extend the lifeof the material; however, most coatings are notappropriate (limestone and marble with a shinyor milky finish probably have a coating on them)

Iron pins/braces: improper method to securepieces of stone together or to support the stonewhich usually results in the iron rusting andstaining the stone


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SAMPLE MAP OF CEMETERY

P.O. BOX 12276, AUSTIN, TX 78711-2276PHONE 512/463-5853 � FAX 512/475-3122

www.thc.state.tx.us

THC/06/01

Documents

TEXAS HISTORICAL COMMISSION PRESERVING HISTORIC CEMETERIES€¦ · cemeteries perpetuate the memories of the deceased, who bequeathed to their communities the amenities that give